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Mitchell v. State

July 21, 1998

LARRY MITCHELL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Bridges, C.j.

DATE OF JUDGMENT: 08/16/96

TRIAL JUDGE: HON. JOHN HATCHER

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BURGLARY, AGG. ASSAULT; 12 YRS

DISPOSITION AFFIRMED IN PART, REVERSED IN PART AND RENDERED. - 7/21/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Larry Mitchell was indicted, tried, and convicted in the Circuit Court of Coahoma County for burglary, aggravated assault, and possession of a firearm by a convicted felon. He was sentenced to serve a term of twelve years for the burglary charge, to run consecutively to any previous sentence; twelve years for the aggravated assault conviction, to run consecutively with count one; and three years for possession of a firearm, to run consecutively with counts one and two, all in the custody of the Mississippi Department of Corrections. He presents the following issues on appeal:

I. THE COURT ERRED IN NOT DIRECTING A VERDICT FOR DEFENDANT IN COUNT I.

II. THE VERDICT OF THE JURY IS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

III. THE COURT ERRED IN ALLOWING THE DISTRICT ATTORNEY TO MAKE IRRELEVANT AND ...


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